Q: Florida Commercial Real Estate Lease - Who Is Responsible For AC Replacement
I have a basic understanding of contracts, and when reviewing my lease agreement for new commercial property, reviewed the agreement myself. At the time of signing I read and observed the clause that I, as the tenant, am responsible for the repair and maintenance of the AC Unit. There is no specification as to who is responsible for the replacement, which to my understanding is different than specified repair and maintenance. To my knowledge at the time of signing, I believed the fact that it was unspecified meant it would fall on the landlord. My landlord is now saying that it is our responsibility to replace the unit after we have spent several thousand on attempting to repair it. Who is legally responsible for the replacement of the AC unit, and what recourses do I have available to me if they continue to refuse to replace it. Hot kitchens in Florida Summers are unbearable.
A:
Unless you want to continue doing business without any air conditioning, I strongly suggest you hire a seasoned legal professional who has experience in real estate, landlord and tenant law to flyspeck the entire written lease looking for another clause or two that when read together with the rest, might push the expense of a brand new A/C system back where it belongs: on the owner of the property, not a tenant.
There are certain very well-known givens that come into play whenever a business lease is not as specific as we would like it to be; and one of those givens is that the leased premises must reasonably be maintained by the owner of the premises so that the lessor can conduct their regular business in quiet enjoyment of suitable premises. IMO, premises that were leased with A/C in good working order will become unsuitable for any business if the A/C fails. Having to make normal repairs is one thing; having to purchase a brand new A/C unit for the benefit of the owner is quite another. Hold your ground.
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